Gul v Mcintyer

Tenant wins · Scarborough · 2023-01-05

Adjudicator

Jagger Benham

Dispute

Damage to Property, Illegal Act, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Termination for Cause (N7)

Amount

<$5K

Landlord

L.G.

Tenant

C.A.M.

Landlord rep

Sajjad Najem

Tenant rep

Tenant Duty Counsel

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent, the Tenant or someone the Tenant permitted seriously impairing the safety of any person, the Tenant or someone the Tenant permitted wilfully causing undue damage to the premises, and the Tenant or someone the Tenant permitted using the rental unit or residential complex in a manner inconsistent with residential use and causing significant damage. The Tenant made a preliminary motion to dismiss the applications due to the N4 and N7 notices not properly identifying the rental unit.

The ruling

The Tenant's preliminary motion to dismiss the Landlord's applications was granted as the N4 and N7 notices did not properly identify the rental unit. The Landlord's applications for termination of tenancy were dismissed. However, the Tenant was ordered to pay the Landlord $1,686 in rent arrears and application filing costs, as well as $194.56 in outstanding utility costs, for a total of $1,880.56. If the Tenant does not pay the full amount by January 16, 2023, the Tenant will owe interest at 5% annually on the outstanding balance.